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LAXMI   03 December 2016

Resignation acceptance

Respected experts,
I am the employee of a PSU....I applied  for a study leave taking NOC while applying..post selection when I requested for release to join my couse they canceld my request letter without assigning any reason( perhaps thought I will leave the company after acquirng higher qualification)..and that letter was issued just 1 day before my shedukled  joing.. since it is a valuable course I went to CAT ..judgement in my favour and I am pursuing this course.......initially they had asked me sign a higher Bond which I agrred and signed to get released(to dicourage  )...Now when I am  seeking  information on other executives study leave, bond details ,all study leave circulars in force....PIO replied with one circular and told all amendments cannt be given since valuable time of public authority ll be wested.......and now when I  asked certified copy of my own service book....PIO replied voluminous and hence come for personal physical observation.....which they know I ll not do beacuse of distance, time and embarassement...So I am little bit appehended/afraid they might have written some fabricated charges or they may do so when I join back...Till date no charge sheet is sent to ne by mail/letter.....
.........Have a doubt if I resign and sent by fax/mail/post  just after completing my couse and didnt join back...what will happen on my resignation aceeptance if any such chargesheet made ready but after 10 month of my sanctioned  study leave not served..Thanks


Learning

 14 Replies

P. Venu (Advocate)     04 December 2016

The facts, as posted, lacks clarity.

LAXMI   04 December 2016

I simple word I am on sanctioned study leave for 1 yr..If I resign at the end before joininb back and if some chargesheet is in my name but has not been served till my resignation what will happen to my resignation acceptance and what is the best way to tackle that

Kumar Doab (FIN)     06 December 2016

Generically speking: Resignation can be witout permission, notice.

Rest relate with service rules applicable to you.

LAXMI   17 December 2016

Respected Doab sir ,

I cannt get you, is resignation unacceptable if a chargesheet is ready but not served for 1 yr, due to authorised leave taken by the employee

Kumar Doab (FIN)     17 December 2016

Read again and carefully.

You have misunderstood.

 

LAXMI   17 December 2016

Ok.....................................................but my apprehension is Employer make take a plea that The enquiry or proccedings before issue of Charge Sheet was in a advance stage when Resignation was tendered and hence resignation can not be accepted before disposal of chargesheet/its reply

Kumar Doab (FIN)     17 December 2016

How can you or anyone stop the employer from taking any stand?

LAXMI   17 December 2016

True Sir..

Ritesh Maity (Labour Law Advocate)     17 December 2016

Company can reject your resignation on the ground that the cause of action/ misconduct took place before you submitted resignation and the company was/ is proceeding to take action against you/ issue charge sheet.

Kumar Doab (FIN)     17 December 2016

Madam,

You need to spend quality time with your counsel with pile of record that you have to fetch a considered opinion for your matter.

 

LAXMI   17 December 2016

Thank you Ritesh Sir..I also expect/apprehend a similar reply from my company...Sir can it come to my defence that.,alleged  cause of action has taken when I was in service and I was sanctioned study leave for 1 yr, so in between we have communicated in different other matters through mail and postal addreess, so why company has not served the chargesheet for such a long time inspite of having my mail id.comany mail id/postal address

LAXMI   17 December 2016

I also agree completely with Doab sir...and I am going to do say sir shortly and at Delhi, hope some names you can suggest by pm or on forum as u wish sir

Kumar Doab (FIN)     18 December 2016

Ms. Laxmi,

You must have checked many names already, as you are entangled with the matter since long time.

YOu can check yourself, once again at Labor Court/CGIT,Civil Courts, High Court, Supreme Court, CAT etc ....................and find out the counsels that specialize in Service Matters.

 

Kumar Doab (FIN)     18 December 2016

Ms. Laxmi,

You may avoid posers, abusers, loitering at many portals including LawyersClubIndia ( LCI) , posing as experts to fleece the unsuspecting querist/experts.


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